Friend of man who died after vomiting condoms sentenced for possession

Steve Butcher

The close friend of a man who died in a Melbourne hospital after vomiting condoms containing cocaine hours after arriving from Los Angeles has been sentenced for possessing some of the drug.

A Melbourne judge described on Thursday as "quite extraordinary" the circumstances of Tyler Robertson's offence that involved him driving his friend to hospital and later trying to hide the cocaine in his panic, confusion and poor judgement.

The County Court heard that Robertson's friend Carl Hester arrived at Melbourne airport on March 19, 2012, after ingesting 106 condoms that

each contained five grams of cocaine.

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Prosecutor Amina Bhai earlier told the court Mr Hester arrived at his friend's North Melbourne unit at 11.20am and at his request Robertson bought him laxatives and charcoal.

After Mr Hester vomited and eliminated some of the condoms, Mr Robertson drove him to hospital, gave staff his details but did not reveal his friend had ingested cocaine or used laxatives and charcoal.

When staff told Mr Robertson at 3.15pm that Mr Hester had died, he returned home, took the condoms containing cocaine from the bathroom, which he cleaned, and put them in a bucket, with some cocaine for his personal use.

He put the bucket in the boot of his girlfriend's car outside the unit and when police arrived at 6.40pm he told them he believed Mr Hester may have ingested drugs before boarding his plane, but he did not know what drugs, if any, he ingested.

He admitted buying the laxatives and charcoal for Mr Hester, but lied about the whereabouts of the car.

Ms Bhai said police later located the car and found 20 condoms each containing about five grams of cocaine with an estimated value of $45,000.

After his arrest, Mr Robertson told police he had informed hospital staff about Mr Hester's drug history and that he "assumed they'd put two and two together without me saying 'he's having a drug overdose'".

He said he later "grabbed anything I thought might incriminate me" at the unit, because he had used drugs and had a drug conviction, and also a "tiny little bit of cocaine" for his personal use.

Robertson, 39, pleaded guilty to one charge of possessing cocaine.

In her sentencing remarks on Thursday, Judge Sandra Davis said Robertson's actions after returning to his unit reflected his "panic and confusion" and she found also on the balance of probabilities his offending was simply possession and not for selling.

Judge Davis said it was "most unfortunate" that the charge was not heard two years ago after a magistrate refused to hear it and the matter was transferred to the indictable stream.

Judge Davis said Robertson's defence lawyer had described as "deplorable" that two-year delay.

She noted that Robertson was jailed for two months in 2009 for possessing and trafficking four different drugs, a sentence he successfully appealed, and that he was supported by his wife, family and friends and ran a successful cleaning company whose employees regarded him as trustworthy.

A forensic psychologist reported Robertson's previous drug use to try to alleviate social anxiety and low self esteem, and also that he had no mental disorders.

Judge Davis regarded his prospects of rehabilitation as "very good".

She put him on a 12-month community corrections order with conditions that included attending for assessment, treatment and testing for drug use and that he undergo mental health treatment.

Robertson was also ordered not to leave Victoria or change his address without permission and to obey all lawful instructions from a community corrections officer.